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South Africa decisions
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Hennie's Sports Bar Pty (Ltd) v Ryall Trading CC and Another (045487/2025) [2025] ZAGPPHC 696 (27 June 2025)
The High Court dismissed an urgent interdict application arising from a letter of intent to buy an aircraft, finding no enforceable right without a deadlock-breaking mechanism.
Maano Water (Pty) Ltd v Eskom Holdings SOC Limited (383/24) [2025] ZASCA 87 (12 June 2025)
The Court held that Eskom's decision to cancel the tender was an executive action, not administrative action, and thus not reviewable under PAJA but under the principle of legality. The tender documents expressly reserved Eskom's right to cancel the tender at any time prior to contract formation. Maano did not have an enforceable right to compel Eskom to continue negotiations until deadlock, as the relevant contractual clause was too vague and lacked a deadlock-breaking mechanism. The cancellation was rationally connected to Eskom's need to protect public funds in light of significant and unf…
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Grcic v J and J Investments Pty Ltd and Others (2023/106860) [2024] ZAGPJHC 1035 (11 October 2024)
The High Court stayed a payment application pending ADR under a share-sale agreement, finding a real dispute about the payment clause and its arbitration route.
Kempster Sedwick (Pty) Limited v Monument Car Wash & Valet CC (A5076/2015) [2021] ZAGPJHC 397 (15 September 2021)
The High Court held that the carwash services agreement was intended to last indefinitely, not for one year, and upheld damages for repudiation.
Abigak 1 General Trading & Investment CC v Gani and Another; Gani and Another v Balkin and Others (1184/16; 6620/16) [2017] ZAGPJHC 126 (5 May 2017)
High Court held that an oral pactum de contrahendo to sell land was unenforceable under the Alienation of Land Act, granting eviction and dismissing setting aside.
Loggenberg NO and Others v Maree and Others (2801/2016) [2016] ZAFSHC 205 (23 December 2016)
The court held that the oral agreement relied upon by the applicants for the transfer of the Weltevreden farms was void for non-compliance with section 2(1) of the Alienation of Land Act, which requires such agreements to be in writing and signed by the parties. The particulars of claim did not disclose a cause of action, as the essential terms of the alleged agreement, including the purchase price and financing arrangements, were either undefined or incapable of determination. The court further found that South African law does not recognise an agreement to negotiate a further agreement unle…
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Charioteer Trading CC v Fontis Holdings (Pty) Ltd and Another (1500/2012) [2014] ZANWHC 38 (21 August 2014)
The court held that a rental proposal for mall premises was not a firm offer and dismissed the plaintiff’s claim for a lease agreement.
Poltimore Trading (Pty) Ltd v Naude and Others (16858/2011) [2013] ZAGPPHC 256 (27 August 2013)
The High Court upheld an exception to particulars of claim, finding the pleaded contract was an unenforceable agreement to agree and struck the claim out with leave to amend.
Slip Knot Investments 777 (Pty) Ltd v Blue Marine Properties CC and Another (3247/2009) [2011] ZAECGHC 69 (15 April 2011)
The High Court held that it could not compel signature of suretyship documents where the parties only agreed to negotiate future terms and no valid suretyship existed.
Amplats Management Services (Pty) Ltd. v van Jaarsveld (269/06) [2007] ZASCA 72; (2007) 28 ILJ 2669 (SCA) (31 May 2007)
The Supreme Court of Appeal held that no binding contract of permanent employment was proved and upheld the dismissal of the respondent’s damages claim.
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